The veteran's claim for payment of his full disability compensation is denied because he is still incarcerated as a result of a felony conviction, and the law absolutely prohibits the payment of such benefits while in prison.
The deciding factor: The veteran is still incarcerated at a state prison due to a felony conviction, which makes him ineligible for full disability compensation.
- Claimed conditions
- several conditions, loss of use of one eye
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 16, 2001
- Citation
- 0110966
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 0110966.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's claim for full disability compensation benefits while incarcerated is denied due to the provisions of 38 U.S.C.A. § 5313 and 38 C.F.R. § 3.665, which deny such benefits.
- Denied
The veteran's claim for full disability compensation benefits while incarcerated is denied due to the provisions of 38 U.S.C.A. § 5313 prohibiting payment of such benefits when a veteran is incarcerated in a private correctional facility pursuant to a contract with the state that convicted him of a felony.
- Dismissed
The Board of Veterans' Appeals has dismissed the matter as it does not have original jurisdiction to decide eligibility for attorney fees from past-due benefits.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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